Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules 10423 

incorporates a low, swept-wing design 

with winglets and a T-tail. The airplanes 

have two aft-fuselage-mounted Pratt & 

Whitney turbofan engines. Avionics 

include four primary display units and 

multiple touchscreen controllers. The 

flight-control system is a three-axis, flyby-wire system using active control/

coupled side sticks. 

The GVII–G500 has a wingspan of 87 

ft and a length of 91 ft. Maximum 

takeoff weight is 76,850 lbs. Maximum 

takeoff thrust is 15,135 lbs, maximum 

range is 5,000 nautical miles (nm), and 

maximum operating altitude is 51,000 

ft. 

The Model GVII series airplanes are 

equipped with two side-stick controllers 

instead of the conventional control 

columns and wheels. This side-stick 

controller is designed for one-hand 

operation. The requirement of Title 14, 

Code of Federal Regulations (14 CFR) 

25.397(c), which defines limit pilot 

forces and torques for conventional 

wheel or stick controls, is not adequate 

for a side-stick controller. Special 

conditions are necessary to specify the 

appropriate loading conditions for this 

controller design. 

Type-Certification Basis 

Under 14 CFR 21.17, Gulfstream must 

show that the Model GVII–G500 

airplanes meet the applicable provisions 

of 14 CFR part 25, as amended by 

Amendments 25–1 through 25–137. 

The certification of the GVII–G500 

airplane is 14 CFR part 25, effective 

February 1, 1965, including 

Amendments 25–1 through 25–137; 14 

CFR part 34, as amended by 

Amendments 34–1 through the most 

current amendment at the time of design 

approval; and 14 CFR part 36, 

Amendment 36–29. In addition, the 

certification basis includes special 

conditions and equivalent-safety 

findings related to the flight-control 

system. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model GVII series airplanes 

because of a novel or unusual design 

feature, special conditions are 

prescribed under § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, these special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and proposed 

special conditions, the Model GVII 

series airplanes must comply with the 

fuel-vent and exhaust-emission 

requirements of 14 CFR part 34, and the 

noise certification requirements of 14 

CFR part 36. The FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, under § 11.38, 

and they become part of the typecertification basis under § 21.17(a)(2) for 

new type certificates, and § 21.101 for 

amended type certificates. 

Novel or Unusual Design Features 

The Gulfstream Model GVII series 

airplanes will incorporate the following 

novel or unusual design feature: 

A side-stick controller for one-hand 

operation requiring wrist motion only, 

not arms. 

Discussion 

Current regulations reference piloteffort loads for the flight deck pitch-androll controls that are based on twohanded effort. Special conditions are 

being proposed for Gulfstream GVII 

series airplanes based on similar 

airplane programs that include sidestick controllers. These proposed 

special conditions are also appropriate 

for the Model GVII series airplane’s 

side-stick controller. 

These proposed special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

Applicability 

As discussed above, these proposed 

special conditions apply to Gulfstream 

Model GVII series airplanes. Should 

Gulfstream apply later for a change to 

the type certificate to include another 

model incorporating the same novel or 

unusual design feature, these proposed 

special conditions would apply to that 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Gulfstream Model GVII series airplanes. 

It is not a rule of general applicability. 

List of Subjects in 14 CFR part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

proposed special conditions is as 

follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions in lieu of 

§ 25.397(c): 

For the Gulfstream Model GVII series 

airplanes equipped with side-stick 

controls designed for forces to be 

applied by one wrist and not arms, the 

limit pilot forces are as follows. 

1. For all components between and 

including the side-stick controlassembly handle and its control stops: 

Pitch Roll 

Nose up, 200 lbf ....... Nose left, 100 lbf. 

Nose down, 200 lbf ... Nose right, 100 lbf. 

2. For all other components of the 

side-stick control assembly, but 

excluding the internal components of 

the electrical sensor assemblies, to avoid 

damage to the control system as the 

result of an in-flight jam: 

Pitch Roll 

Nose up, 125 lbf ....... Nose left, 50 lbf. 

Nose down, 125 lbf ... Nose right, 50 lbf. 

Issued in Renton, Washington, on February 

19, 2015. 

John J. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–03968 Filed 2–25–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–0415; Directorate 

Identifier 2015–CE–001–AD] 

RIN 2120–AA64 

Airworthiness Directives; GROB– 

WERKE Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

GROB–WERKE Models G115EG and 

G120A airplanes that would supersede 

AD 2014–26–04. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 


rmajette on DSK2VPTVN1PROD with PROPOSALS
10424 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules 

condition as a defective starter solenoid. 

We are issuing this proposed AD to 

require actions to address the unsafe 

condition on these products. 

DATES: We must receive comments on 

this proposed AD by April 13, 2015. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Grob Aircraft 

AG, Customer Service, 

Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Germany, 

telephone: + 49 (0) 8268–998–105; fax: 

+ 49 (0) 8268–998–200; email: 

productsupport@grob-aircraft.com; 

Internet: grob-aircraft.com. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

0415; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4123; fax: (816) 

329–4090; email: karl.schletzbaum@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2015–0415; Directorate Identifier 

2015–CE–001–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On December 22, 2014, we issued AD 

2014–26–04, Amendment 39–18055 (80 

FR 155, January 5, 2015). That AD 

required actions intended to address an 

unsafe condition on certain GROB– 

WERKE Models G115EG and G120A 

airplanes and was based on mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country. 

AD 2014–26–04, Amendment 39– 

18055 (80 FR 155, January 5, 2015), was 

considered an interim action. Since we 

issued AD 2014–26–04, GROB Aircraft 

developed a modification to avoid loss 

of electrical power in case of electrical 

shortage in the starter solenoid. 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2015– 

0010R1, dated February 4, 2015 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

An operator of a G 115E aeroplane 

experienced a total loss of electrical power in 

flight. The investigation found that a 

defective starter solenoid had caused an 

internal short circuit which resulted in 

breakdown of the system voltage. 

This condition, if not detected and 

corrected, could result in reduced control of 

the aeroplane. 

To address this potential unsafe condition, 

GROB Aircraft AG issued Mandatory Service 

Bulletin (MSB) MSB1078–196 for G 115 

aeroplanes and MSB 1121–144 for G 120 

aeroplanes to provide instructions for 

inspection and corrective action. 

Consequently, EASA issued AD 2014–0212 

to require a one-time inspection of the starter 

solenoid and, depending on findings, 

replacement of the starter. In addition, for G 

115E aeroplanes, installation of a placard was 

required. 

More recently, GROB Aircraft AG 

developed a modification to avoid loss of 

electrical power in case of electrical shortage 

in the starter solenoid, which was published 

in revised GROB MSB1078–196/1 and 

MSB1121–144/1. 

Prompted by this development, EASA 

issued AD 2015–0010, retaining the 

requirements of EASA AD 2014–0212, which 

was superseded, and required installation of 

a starter relay. 

Since that AD was issued, operator 

comments have indicated the existence of a 

logistical problem, resulting in the 

unnecessary grounding of aeroplanes. 

For the reason described above, this AD is 

revised to amend paragraph (3), extending 

the compliance time for modification. 

You may examine the MCAI on the 

Internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2015–0415. 

Relevant Service Information Under 1 

CFR Part 51 

GROB Aircraft has issued Service 

Bulletin No. MSB1078–196/1, dated 

December 1, 2014, and Service Bulletin 

No. MSB1121–144/3, dated February 20, 

2015. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. The GROB Aircraft service 

bulletins describe procedures for 

inspecting the starter solenoid, 

replacing damaged starters, and 

installing a starter relay. This service 

information is reasonably available; see 

ADDRESSES for ways to access this 

service information. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 6 products of U.S. registry. 

We also estimate that it would take 

about 4 work-hours per product to 

comply with the basic starter inspection 

requirement of this proposed AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of this proposed inspection on 


rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules 10425 

U.S. operators to be $2,040, or $340 per 

product. 

In addition, we estimate that any 

necessary starter replacements would 

take about 4 work-hours and require 

parts costing $600, for a cost of $940 per 

product. We have no way of 

determining the number of products 

that may need this replacement. 

We also estimate that it would take 

about 20 work-hours per product to 

comply with the starter relay 

installation requirement of this 

proposed AD. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $1,000 per product. 

Based on these figures, we estimate 

the cost of this proposed installation on 

U.S. operators to be $16,200, or $2,700 

per product 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–18055 (80 FR 

155, January 5, 2015), and adding the 

following new AD: 

GROB–WERKE: Docket No. FAA–2015–0415; 

Directorate Identifier 2015–CE–001–AD. 

(a) Comments Due Date 

We must receive comments by April 13, 

2015. 

(b) Affected ADs 

This AD supersedes AD 2014–26–04, 

Amendment 39–18055 (80 FR 155, January 5, 

2015) (‘‘AD 2014–26–04’’). 

(c) Applicability 

This AD applies to GROB–WERKE Model 

G115EG airplanes, all serial numbers through 

82323/E, and Model G120A airplanes, all 

serial numbers through 85063, certificated in 

any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 80: Starting. 

(e) Reason 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. We are 

issuing this AD to detect and correct 

defective starter solenoids, which could 

cause an internal short circuit and could 

result in reduced control. We are superseding 

AD 2014–26–04 requiring installation of a 

starter relay that will prevent loss of 

electrical power in case of electrical shortage 

in the starter solenoid. 

(f) Actions and Compliance 

Unless already done, do the actions in 

paragraphs (f)(1) through (f)(3) of this AD: 

(1) Within the next 30 days after February 

9, 2015 (the effective date retained from AD 

2014–26–04), inspect the starter following 

Part A of the Accomplishment Instructions in 

GROB Aircraft Service Bulletin No. 

MSB1078–196, dated July 14, 2014; GROB 

Aircraft Service Bulletin No. MSB1078–196/ 

1, dated December 1, 2014; GROB Aircraft 

Service Bulletin No. MSB1121–144, dated 

July 14, 2014; GROB Aircraft Service Bulletin 

No. MSB1121–144/1, dated January 12, 2015; 

GROB Aircraft Service Bulletin No. 

MSB1121–144/2, dated February 5, 2015; or 

GROB Aircraft Service Bulletin No. 

MSB1121–144/3, dated February 20, 2015, as 

applicable. 

(2) If any damage is found on the starter 

during the inspection required in paragraph 

(f)(1) of this AD, before further flight, replace 

the starter with a serviceable part. Do the 

replacement following Part A of the 

Accomplishment Instructions in GROB 

Aircraft Service Bulletin No. MSB1078–196, 

dated July 14, 2014; GROB Aircraft Service 

Bulletin No. MSB1078–196/1, dated 

December 1, 2014; GROB Aircraft Service 

Bulletin No. MSB1121–144, dated July 14, 

2014; GROB Aircraft Service Bulletin No. 

MSB1121–144/1, dated January 12, 2015; 

GROB Aircraft Service Bulletin No. 

MSB1121–144/2, dated February 5, 2015; or 

GROB Aircraft Service Bulletin No. 

MSB1121–144/3, dated February 20, 2015, as 

applicable. 

(3) Within the next 100 hours time-inservice after the effective date of this AD, 

install a starter relay following Part B of the 

Accomplishment Instructions in GROB 

Aircraft Service Bulletin No. MSB1078–196/ 

1, dated December 1, 2014, or GROB Aircraft 

Service Bulletin No. MSB1121–144/3, dated 

February 205, 2015, as applicable. 

(g) Credit for Actions Done in Accordance 

With Previous Service Information 

Actions done before the effective date of 

this AD following the Accomplishment 

Instructions specified in GROB Aircraft 

Service Bulletin No. MSB1121–144/1, dated 

January 12, 2015; or GROB Aircraft Service 

Bulletin No. MSB1121–144/2, dated February 

5, 2015, as applicable, are considered 

acceptable for compliance with the 

corresponding actions specified in 

paragraphs (f)(1) through (f)(2) of this AD. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090; email: karl.schletzbaum@faa.gov. 

Before using any approved AMOC on any 

airplane to which the AMOC applies, notify 

your appropriate principal inspector (PI) in 

the FAA Flight Standards District Office 

(FSDO), or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 


rmajette on DSK2VPTVN1PROD with PROPOSALS
10426 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules 

1As envisioned in this NOPR, primary frequency 

response service would be a reserve product that 

involves dedicating capacity on a generator or other 

resource for autonomous, automatic, and rapid 

action to change its output (within seconds) to 

rapidly dampen large changes in frequency. 

2 16 U.S.C. 824d, 824e (2012). 

3Third-Party Provision of Ancillary Services; 

Accounting and Financial Reporting for New 

Electric Storage Technologies, Order No. 784, 78 FR 

46,178 (July 30, 2013), FERC Stats. & Regs. ¶ 31,349, 

at PP 6–7 (2013), order on clarification, Order No. 

784–A, 146 FERC ¶ 61,114 (2014). 

4See Promoting Wholesale Competition Through 

Open Access Non-Discriminatory Transmission 

Services by Public Utilities; Recovery of Stranded 

Costs by Public Utilities and Transmitting Utilities, 

Order No. 888, FERC Stats. & Regs. ¶ 31,036 (1996), 

order on reh’g, Order No. 888–A, FERC Stats. & 

Regs. ¶ 31,048, order on reh’g, Order No. 888–B, 81 

FERC ¶ 61,248 (1997), order on reh’g, Order No. 

888–C, 82 FERC ¶ 61,046 (1998), aff’d in relevant 

part sub nom. Transmission Access Policy Study 

Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000), aff’d 

sub nom. New York v. FERC, 535 U.S. 1 (2002). 

5The first category consists of Scheduling, 

System Control and Dispatch service and Reactive 

Supply and Voltage Control from Generation 

Sources service. 

6The second category consists of Regulation and 

Frequency Response service, Energy Imbalance 

service, Operating Reserve-Spinning service, and 

Operating Reserve-Supplemental service. Order No. 

890 later added an additional ancillary service to 

this category: Generator Imbalance service. See 

Preventing Undue Discrimination and Preference in 

Transmission Service, Order No. 890, FERC Stats. 

& Regs. ¶ 31,241, at P 85, order on reh’g, Order No. 

890–A, FERC Stats. & Regs. ¶ 31,261 (2007), order 

on reh’g, Order No. 890–B, 123 FERC ¶ 61,299 

(2008), order on reh’g, Order No. 890–C, 126 FERC 

¶ 61,228 (2009), order on clarification, Order No. 

890–D, 129 FERC ¶ 61,126 (2009). 

7Order No. 888, FERC Stats. & Regs. ¶ 31,036 at 

31,720–21. 

8Avista Corp., 87 FERC ¶ 61,223, at 61,882, order 

on reh’g, 89 FERC ¶ 61,136 (1999) (Avista). Outside 

the markets operated by regional transmission 

organizations and independent system operators, 

Avista authorizes suppliers who cannot show a lack 

of market power with respect to certain ancillary 

(i) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No. 2015–0010R1, dated 

February 4, 2015, for related information. 

You may examine the MCAI on the Internet 

at http://www.regulations.gov by searching 

for and locating Docket No. FAA–2015–0415. 

For service information related to this AD, 

contact Grob Aircraft AG, Customer Service, 

Lettenbachstrasse 9, D–86874 TussenhausenMattsies, Germany, telephone: + 49 (0) 8268– 

998–105; fax: + 49 (0) 8268–998–200; email: 

productsupport@grob-aircraft.com; Internet: 

grob-aircraft.com. You may review copies of 

the referenced service information at the 

FAA, Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Issued in Kansas City, Missouri, on 

February 19, 2015. 

Pat Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–03979 Filed 2–25–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM15–2–000] 

Third-Party Provision of Primary 

Frequency Response Service 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

proposes to revise its regulations to 

foster competition in the sale of primary 

frequency response service. Specifically, 

the Commission proposes to amend its 

regulations to revise the regulations 

governing market-based rates for public 

utilities pursuant to the Federal Power 

Act (FPA) to permit the sale of primary 

frequency response service at marketbased rates by sellers with market-based 

rate authority for energy and capacity. 

DATES: Comments are due April 27, 

2015. 

ADDRESSES: Comments, identified by 

docket number, may be filed in the 

following ways: 

• Electronic Filing through http://

www.ferc.gov. Documents created 

electronically using word processing 

software should be filed in native 

applications or print-to-PDF format and 

not in a scanned format. 

• Mail/Hand Delivery: Those unable 

to file electronically may mail or handdeliver comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE., 

Washington, DC 20426. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Comment Procedures Section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Rahim Amerkhail (General Information), 

Federal Energy Regulatory 

Commission, Office of Energy Policy 

and Innovation, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

8266. 

Gregory Basheda (Market Power 

Screening Information), Federal 

Energy Regulatory Commission, 

Office of Energy Market Regulation, 

888 First Street NE., Washington, DC 

20426, (202) 502–6479. 

Lina Naik (Legal Information), Federal 

Energy Regulatory Commission, 

Office of the General Counsel, 888 

First Street NE., Washington, DC 

20426, (202) 502–8882. 

SUPPLEMENTARY INFORMATION: 

1. In this Notice of Proposed 

Rulemaking (NOPR), the Federal Energy 

Regulatory Commission (Commission) 

proposes to revise its regulations to 

foster competition in the sale of primary 

frequency response service.1

Specifically, the Commission proposes 

to amend its regulations to revise 

Subpart H to Part 35 of Title 18 of the 

Code of Federal Regulations governing 

market-based rates for public utilities 

pursuant to the Federal Power Act 

(FPA) 2 to permit the sale of primary 

frequency response service at marketbased rates by sellers with market-based 

rate authority for energy and capacity. 

2. This NOPR is an extension of the 

policy reforms the Commission started 

with Order No. 784,3 in which, among 

other things, the Commission revised 

Part 35 of its regulations to reflect 

reforms to its policy governing the sale 

of ancillary services at market-based 

rates to public utility transmission 

providers. As discussed in more detail 

below, the reforms proposed herein are 

in anticipation of the potential interest 

in purchase of primary frequency 

response service from third-parties as a 

result of a new reliability standard that 

requires a Balancing Authority to 

maintain a minimum frequency 

response obligation. 

I. Background 

3. The Commission in Order No. 888 4

delineated two categories of ancillary 

services: those that the transmission 

provider is required to provide to all of 

its basic transmission customers 5 and 

those that the transmission provider is 

only required to offer to provide to 

transmission customers serving load in 

the transmission provider’s control 

area.6 With respect to the second 

category, the Commission reasoned that 

the transmission provider is not always 

uniquely qualified to provide the 

services, and customers may be able to 

more cost-effectively self-supply them 

or procure them from other entities. The 

Commission contemplated that third 

parties (i.e., parties other than a 

transmission provider supplying 

ancillary services pursuant to its Open 

Access Transmission Tariff (OATT) 

obligation) could provide these ancillary 

services on other than a cost-of-service 

basis if such pricing was supported, on 

a case-by-case basis, by analyses that 

demonstrated that the seller lacks 

market power in the relevant product 

market.7

4. Subsequently, in Avista,8 the 

Commission adopted a policy allowing 


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